-? 

0 


j    537 


BANCROFT 
LIBRARY 


THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 


F p  R  M     yy-i^: 


Records  of  Trials 


TRANSCRIPTS  THEREOF. 


1872. 


^    •  N 


SAN   FRANCISCO: 

Frank  Eastman,   Printer,  509   Clay   Street. 

1872. 


012-37  3  8        HS5"3-i 


FORM  FOR  RECORDS  OF  TRIALS. 


To  THE  Lodges  under  the  jurisdiction 

Of  thk  Grand  Lodge  F.  &  A.  M.  oj'  California. 
When  our  present  Constitution  went  into  effect,  in 
the  year  1859,  it  was  thought  by  the  committee  who  pre- 
pared it  and  by  the  Grand  Lodge  which  adopted  it,  that 
the  provisions  relative  to  trials  for  Masonic  offences,  as 
set  forth  in  Part  VI  of  that  instrument,  and  especially 
in  Article  IV  of  that  Part,  were  sufficiently  plain  and 
explicit  to  ensure  a  proper  manner  of  conducting  and  a 
correct  method  of  recording  the  proceedings  at  such 
trials.  Plain  and  explicit,  however,  as  those  provisions 
then  appeared,  and  still  seem  to  be,  it  is  nevertheless 
the  fact  that  a  very  large  number,  perhaps  more  than  a 
majoritjr,  of  the  transcripts  of  trial-records  which 
come  up:tO  the  Grand  Lodge  are  deficient,  imperfect,  or 
incorrect  in  many  respects,  too  numerous  to  be  here 
set  forth,  as  the  object  of  this  paper  is  to  point  out  how 
such  business  should  he  transacted  and  recorded  by  the 
Lodges — not  how  it  has  not  been  done— and  as  a  brief 
review  of  the  reports  of  the  Committees  on  Grievances 
during  eight  or  ten  years  past  will  show  how  many 
cases  have  been  remanded  to  the  Lodges  for  new  trials, 
with  the  reasons  for  such  action.  Under  these  circum- 
stances, to  spare  the  Grand  Lodge  and   its  committees 


,    ,  [,2] 

much  time  and  labor,  and  to  aid  the  Lodges  in  the 
avoidance  of  the  annoyance  and  loss  of  time  consequent 
upon  so  many  second  trials  of  the  same  cases,  it  was 
ordered  at  a  late  Communication  that  a  committee  be 
appointed  to  prepare  a  suggestive  form  for  the  guidance 
of  the  Masters,  Secretaries,  and  Commissioners  of 
Lodges  in  the  proceedings  incident  to  trials  for  unma- 
sonic  conduct  and  in  the  records  and  transcripts  of  the 
records  thereof. 

The  committee  named,  in  obedience  to  that  order, 
have  endeavored  to  perform  the  duty  assigned  them, 
and  now  present  the  following  suggestions — for  as  sug- 
gestions only  are  they  to  be  offered  until  approved  by 
the  Grand  Lodge — for  the  consideration  of  the  olficers 
of  Lodges  within  the  jurisdiction  of  the  Grand  Lodge 
of  California: — 

1st.  Section  1,  Article  TV,  Part  Yl,  of  the  Constitu- 
tion, defines  with  absolute  precision  the  manner  in 
which  charges  of  unmasonic  conduct  are  to  be  preferred 
against  a  brother,  and  it  is  only  necessary  to  note  at 
this  point  that  they  are,  as  is  written  in  that  section,  to 
be  presented  to  the  Master,  and  not  to  the  Lodge,  as  it 
appears  is  often  erroneously  done. 

2d.  The  charge  itself  should  be  a  general  one  of  un- 
masonic, or  gross  unmasonic,  conduct,  and  should  be  de- 
fined in  a  specification  or  in  specifications  following, 
setting  forth  with  clearness  and  precision  the  offence  or 
offences  complained  of,  and  giving  time,  place,  and  all 


L3] 

necessary  particulars  relating  thereto  as  distinctly  as 
possible,  so  that  the  accused  may  have  full  knowledge 
of  all  that  he  may  be  called  upon  to  explain,  disprove, 
or  justify.  The  following  may  be  used  as  a  general 
form  for  a 

Charge  of  Unmasonic  Gondtjct. 

,  Cal. , ,  18—. 

To  the  Master  of Lodge,  No. — ,  F.  and  A.  M. 

Worshipful  Sir  and  Brother: 

The  undersigned,  a  Master  Mason  in  good 

fitanding  and  a  member  of Lodge  No. — ,  at , 

in  the  State  of ,  does  hereby  charge  Bro.  A B , 

a  Mason  now  residing  (or  said  to  he  residing;  at ,  in  the 

State  of ,  with  unmasonic  (or  gross  unmasonic)  con- 
duct, as  set  forth  in  the  following  specifications  : 

First.    That  on  or  about  the day  of 18 — ,  he 

did{here  state  the  offence  as  particularly  as  may  be  practicable.) 

Second,  That  on  or  about  the day  of 18 — ,  he 

did,  &c.  (here  again  state  the  specification.) 

Third,  That  on  or  about,  &c.,  {foUoicing  with  as  many  speci- 
fications as  there  are  distinct  offences  charged.) 

For  all  which  the  undersigned  desires  that  the  said  A 

B may  be  brought  to  trial  and  dealt  with  in  such  manner 

as  our  Masonic  laws  provide. 

Respectfully  and  Fraternally, 

C D . 

Should  the  charge  be  directed  to  be  preferred  by  the 
Lodge  or  Master,  it  should  be  done  by  the  Junior  War- 
den, as  he  is  supposed  to  have  charge  of  the  Craft  dur- 
ing the  period  when  not  at  labor,  and  the  first  portion 
of  the  first  paragraph  above  should  then  read — 

The  undersigned,  a  Master  Mason  in  good  standing  and  Jun- 


[4] 

ior  Warden  of  this  Lodge,   does  hereby,  by  direction  of  the 
Lodge  {or  of  the  Mastei^  thereof,)  charge  Bro.  A B ,  etc, 

3d.  The  Master  should  carefully  examine  the  charge 
and  specifications,  and,  if  they  are  evidently  frivolous, 
or  if  the  acts  with  which  the  accused  is  charged  are 
clearly  such  as  do  not  constitute  a  Masonic  oifence,  he 
may  refuse  to  entertain  them.  But,  should  it  appear 
otherwise  and  it  is  known  to  him  that  the  accuser  is  a 
Master  Mason  in  good  standing,  he  is  to  call  a  special 
meeting  of  his  Lodge  as  soon  as  practicable,  [see  Sec, 
2,  Art.  IV.  Part  VI.)  by  due  notification  to  every  mem- 
ber thereof  whose  residence  is  known  and  is  within 
such  distance  as  may  reasonably  permit  him  to  attend ; 
which  notification  should  state  that  the  purpose  of  the 
meeting  is  to  elect  Commissioners  to  try  a  brother 
[using  no  name)  upon  a  charge  of  unmasonic  conduct, 
should  be  in  writing  or  in  print,  and  should  be  served 
personally,  if  possible,  by  the  Tyler  or  some  brother 
designated  for  the  purpose,  or,  if  it  be  not  possible  so  to 
serve  it,  should  be  left  at  his  ordinary  residence  or  place 
of  business  or  be  sent  by  mail.  The  following  is  pro- 
posed as  a  form  of  such 

Notification  to  Membeks. 

Hall  of ^Lodge,  No. — F.  &  A.  M. 

At ,  Cal. , ,  18—. 

Bro.  E F , 

You  are  hereby  notified  to  attend  a  special 

meeting  of   this  Lodge  to  be   holden  on    the day  of 

,  18 — ,  at o'clock — M,  for  the  purpose  of 

electing  Commissioners  to  try  a  brother  upon  a  charge    of 


[5] 

unmasonic  conduct  preferred  against  him  by  a  Master  Mason  in 
good  standing. 

By  order  of  the  Master, 
[seal.]  G H ,  Secretary. 

4th.  At  such  special  meeting  the  Master  will  an- 
nounce its  purpose,  as  before  recited,  mentioning  no 
name  either  of  accuser  or  accused,  and  will  ascertain, 
by  a  vote  of  the  Lodge,  the  number  of  Commissioners 
(not  less  than  seven  nor  more  than  niaej  see  Sec.  2,  Art, 
IVj  Part  VI,)  which  it  shall  deem  proper  to  elect. 
Each  member  present  will  write  the  names  of  as  many 
members  of  the  Lodge  upon  one  ballot  as  shall  corres- 
pond with  the  number  of  Commissioners  determined 
upon,  and,  upon  counting  the  ballots,  such  members  as 
shall  be  found  to  have  received  a  majority  of  all  the 
votes  cast,  shall  be  declared  elected  as  Commissioners. 
In  case  the  full  number  should  not  be  elected  on  the 
first  ballot,  another  ballot  will  be  had  for  the  remainder 
in  the  same  manner,  and  again  and  again,  if  necessary, 
until  the  full  number  of  Commissioners  shall  have  been 
elected,  each  by  a  majority  of  the  votes  of  those  pres- 
ent.    [See  Sec.  2,  Art.  IV,  Part  VI.) 

5th.  The  Master  will  then  name  the  time  and  place 
for  the  first  meeting  of  the  Commissioners,  keeping  in 
view  the  provisions  of  Sections  2  and  3,  Art.  IV,  Part 
VI,  relative  to  the  convenience  of  the  parties  and  the 
time  allowed  to  the  accused  for  appearance,  and  will 
direct  the  Secretary  to  notify  each  Commissioner  of  his 
election  and  of  such  time  and  place  of  meeting,  either 


[6] 

In  person  or  in  writing.     The  following  may  be  a  form 

for  such 

Notification  to  a  Commissioner. 

Hall  of Lodge,  No. — F.  &  A.  M. 

At ,  Cal. , ,  18 — . 

Bro.  I J , 

You  are  hereby  notified  that,  at  a  special 

meeting  of  this  Lodge  held  on  the day  of ,  18 — , 

you  were  elected  to  be  one  of Commissioners  designated 

to  try  a  certain  charge  of  unmasonic  conduct  preferred  against  a 
brother  by  a  Master  Mason  in  good  standing,  and  that  a  meet- 
ing   of  said  Commissioners,  for  that  purpose,  will  be  held  at 

,  on  the day  of ,  18 — ,  at  —  o'clock  —  M. 

By  order  of  the  Master, 

[seal.]  G H ,  Secretary. 

6th.  The  Master,  at  the-  same  meeting,  will  direct 
the  Secretary  to  prepare  for  his  signature  a  summons 
for  the  accused  to  appear  for  trial  at  the  time  and  place 
before  named,  which  summons,  when  properly  signed 
and  authenticated,  shall  be  ser\^ed  in  the  manner  pre- 
scribed in  Sec.  2,  Art.  IV,  Part  YI  ;  and  he  will  also 
direct  the  Secretary  to  prepare  a  copy  of  the  charge  and 
specifications,  [the  original  of  which  will  he  handed  him 
for  that  purpose^)  and  to  properly  certify  it,  under  seal, 
and  transmit  it  to  the  accused  with  the  summons.  The 
following  is  proposed  as  a  form  for  a 

Summons  to  an  Accused  Beother. 

Hall  of Lodge,  No. — ,F.  &  A.  M. 

At ,  Cal. , ,  18 — , 

Bro.  A B , 

You  are  hereby  summoned  to  appear  at 
on the day  of 18 — ,  at 


en 

o'clock ^ — M.,  there  and  then  to  answer  to  a  certain  charge 

of  unmasonic  conduct  preferred  against  you  by  Bro.  C . 

D ,  a  Master  Mason  in  good  standing,  a  certified  copy  of 

which  is  hereunto  annexed. 

Given  at  the  place  and  on  the  day  first  above  wirtten, 
[seal.]   as  witness  my  hand  and  the  seal  of  our  Lodge,  with 

the  attestation  of  our  Secretary. 
Attest :  K L ,  Master. 

G H ,  Secretary. 

7lh.  The  summons  should  be  issued  in  duplicate? 
one  copy  to  be  delivered  or  transmitted  to  the  accu«jed, 
and  the  other  to  be  presented  to  the  Commissioners, 
with  a  proper  certificate  of  service  appended  thereto, 
It  is  usual  that  the  Secretary  or  Tyler  perform  such 
service,  but  it  may  be  done  by  any  brother  whom  the 
Master  may  designate.  The  following  may  be  a  form 
for  such 

Certificate  of  Service. 

I, ,  Secretary,  (or  Tyler,  or  a  member)  of  this  Lodge, 

hereby  certify  that  I  duly  served  the  annexed  summons  upon 

Bro.  A B ,  at on  the — day  of 

18 ,  by  delivering  to  him  in  person  (or  leamng  at  his  place 

of  business,  or  leaving  at  his  place  of  residence,  or  mailing 
to  his  last  known  place  of  abode,)  the  duplicate  thereof,  together 
with  a  certified  copy  of  the  charge  and  specifications  which 
accompanied  the  summons. 

M N . 

8th.  The  Master,  at  the  same  meeting,  will  direct 
the  Secretary  to  notify  the  accuser  of  the  time  and  place 


[8] 

of  meeting  of  the  Commissioners  for  the  trial  of  his 
charge,  and  the  following  may  be  the  form  of  such 
Notification  to  an  Accusek. 

Hall  of Lodge,  No. — ,  F.  &.  A.  M. 

At ,  Cal. , ,18 — , 

Bro.  C D , 

You  are  hereby  notified  that  the  Commissioners 
elected  by  this  Lodge  to  try  a  certain  charge  preferred  by  you 

against  Bro.  A B ,  will  assemble  at ,  on 

,  the day  of at -o'clock, — M.,   for 

that  purpose. 

By  order  of  the  Master, 
[seal.]  G H ,  Secretary. 

9th.  The  Record  Book  of  the  Lodge,  for  the  special 
meeting  called  for  the  election  of  Commissioners,  should 
be  written  in  substantially  as  follows,  with  such  varia- 
tions, of  course,  as  the  facts  may  require  ;  and  a  copy 
of  this  record  from  the  Lodge  Book  will  form  the  first 
portion  of  the  transcript  to  be  sent  to  the  Grand  Lodge. 
FoEM  OF  Kecokd, 
At  a  meeting  for  election  of  Trial- Commissioners. 

Hall  of Lodge,  No.^-F.  &  A.  M. 

At ,  Cal. , 18-. 

By  order  of  the  Master,  of  which  due  notification  was  given  to 
the  brethren,  this  Lodge  was  specially  convened  at  the  place 

and  on  the  day  above  written,  at o'clock — M.,  and  there 

were  present  the  following  : 

{Here  give  the  names  and  titles  of  the  officers,  and  the  number 
of  other  members  present,  referring  for  their  names  to  the 
Tyler^s  Register.) 

A  Lodge  of  Master  Masons  having  been  duly  opened,  the  Mas- 
ter stated  that  this  special  meeting  had  been  called  for  the  pur- 


[9J 

pose  of  electing  Commissioners  to  hear  and  determine  upon 
a  certain  charge  of  unmasonic  conduct  preferred  by  a  Master 
Mason  in  good  standing  against  a  brother  of  this  Lodge  {or  of 
some  other  Lodge,  naming  it,  or,  if  a  non-affiliated  Maso7i, 
saying  so,)  and  desired  that  the  Lodge  should  indicate  the 
number  of  Commissioners  which  it  deemed  advisable  to  elect. 

On  motion,  duly  seconded,  it  was  voted  that  the  number  of 
Commissioners  be . 

The  Master  appointed  Bros.   O P and  Q 

E to  act  as  tellers,  and  the  Lodge  proceeded  to  ballot  for 

Commissioners. 

At  the  conclusion  of  the ballot  it  was  found  that  the 

following  named  brethren  had  each  received  a  majority  of  the 
votes  of  the  members  present,  viz  : 

(Here  gioe  the  nim^es  in  fall  of  the  Gommlssioners  elected.) 

And  they  were  declared  by  the  Mister  to  be  duly  elected  to 
serve  as  Commissioners. 

The  Master  named ' ,  the day  of ,  18 — , 

at o'clock — M.  at  the  Lodge  room,  {or  such  other  place  as 

he  may  designate)  as  the  time  and  place  for  the  first  meeting  of 
the  Commissioners,  and  directed  the  Secretary  to  notify  each  of 
them  of  his  election  and  of  the  time  and  place  of  meeting  a 
above. 

The  Master  also  directed  the  Secretary  to  prepare,  for  his 
signature,  a  summons  to  the  accused  to  appear  at  said  time  and 
place  before  the  Commissioners,  and  handed  the  charge  to  the 
Secretary  with  instructions  that  a  certified  copy  thereof,  under 
seal  of  the  Lodge,  be  made  and  transmitted  to  the  accused  with 
said  summons. 

The  Master  also  directed  the  Secretary  to  notify  the  accuser  of 
said  time  and  place  of  meeting  of  the  Commissioners. 

The  business  being  thus  concluded,  the  Lodge  was  closed. 

Approved  :  G —  H ,  Secretary. 

K L ,  Master. 


[10] 

10th.      The   Master  will   issue   summonses  for  wit- 
nesses at  the  request  of  either  the  accuser  or  the  ac- 
cused, and  the  following  may  be  the  form  of  such 
•    Summons  to  a  Witness. 

Hall  of Lodge,  No. ,  F.  <t  A.  M., 

At ,  Cal., , ,  18—. 

Bro.  S —  T , 

You  are  hereby  summoned  to  appear  at 

on ■ the day  of ,  18—,  at — • 

o'clock,  —  M.,  there  and  then  to  testify  in  relation  to  a  certain 

charge  of  unmasonic  conduct  preferred  by  Bro.  C D ■ 

against  Bro.  A — - — —  B . 

Given  at  the  place  and  on  the  day  first  above  written, 
[seal.  1        as  witness  my  hand  and  the  seal  of  our  Lodge 
with  the  attestation  of  our  Secretary. 

Attest :  K L ,  Master. 

G H ,  Secretary, 

11th.  The  Commissioners  will  assemble  at  the  place 
and  time  directed  by  the  Master.  The  Master  and  Sec- 
retary of  the  Lodge  will  also  be  present  and  will  re- 
main present  until  the  conclusion  of  the  trial.  (See 
Sections  4  and  8,  Article  IV,  Part  VI.)  No  chair- 
man is  to  be  elected,  as  appears  often  to  be  done 
in  plain  contravention  of  the  law,  but  the  Master  will 
preside  throughout.  The  Master  will  state  the  purpose 
for  which  the  Commission  is  assembled.  The  names  of 
the  Commissioners  elected  will  be  called  by  the  Secre- 
tary, and  those  found  present,  as  well  as  the  Master 
and  himself,  will  be  noted  upon  the  record.  If  a  major- 
ity of  the  Commissioners  be  present  the  trial  may  pro- 
ceed, [See  Decision  4,  Page  381,  Vol.  IF,  Proceedings),  or 


[11] 

they  may  adjourn  to  some  future  time.   [See  Sec.  7,  Art. 
IV,  Part  VI.) 

12th.  The  Commission  being  ready  to  proceed,  the 
Master  will  cause  the  charge  and  specifications  to  be 
read  by  the  Secretary,  and  also  the  summons  to  the 
accused,  with  the  certificate  of  service  thereof,  all  which 
should  appear  upon  the  record.  The  fact  that  the  ac- 
cuser was  duly  notified  should  also  appear,  and  the 
record  should  likewise  show  whether  both  or  either 
were  present.  If  counsel  appears  for  either  accused  or 
accuser,  as  is  allowed  by  our  law,  [See Sec.  6,  Art.  IV, 
Part  VI,)  that  fact  also  should  find  proper  place  in  the 
record ;  and,  if  there  be  objection  to  any  of  the  Com- 
missioners, the  reasons  for  the  objection  may  at  this 
time  be  stnted,  and  the  Master  should  decide  as  to  their 
validity. 

13th.  The  accused  should  now  present  his  answer  to 
the  charge  and  specifications,  which  answer  may  be 
either  oral  or  written,  and  should  be  made  a  part  of  the 
record.  In  this  answer  he  may  make  a  general  or  par- 
ticular denial  of  all  the  specifications  of  the  charge  ;  or 
he  may  deny  some  and  admit  others,  and  may  make 
statements  in  justification  or  extenuation  of  those  ad- 
mitted ;  or  he  may  admit  all,  with  expressions  of  sor- 
row for  his  misconduct ;  or,  in  fact,  he  may  make  any 
answer  which  to  him,  or  his  counsel,  shall  seem  best, 

14th.  The  testimony  will  then  be  received  in  the  man- 
ner prescribed  in  Sec.  5,  Art.  IV,  Part  VI,  of  the  Con- 


[12] 

stitution,  and  it  will  be  better  that  all  oral  testimony  be 
first  received  and  recorded,  if  not  too  inconvenient.  All 
oral  testimony,  direct  and  cross,  vrill  be  vrritten  out  in 
full  by  the  Secretary  ;  and,  when  each  witness  giving 
such  testimony  shall  have  concluded,  his  testimony  shall 
be  read  to  him,  and,  after  such  corrections  as  he  may 
wish  to  make,  shall  be  signed  by  him  in  the  presence  of 
the  Commissioners.  The  documentary  testimony  will 
be  presented  in  the  manner  and  in  the  order  prescribed 
in  the  section  of  the  Constitution  last  referred  to,  and 
will  in  such  order  be  made  a  part  of  the  record,  unless 
it  should  appear  that  the  direct  connection  of  «ome 
portion  of  it  with  some  portion  of  the  oral  testimony 
would  better  present  a  clear  history  and  understanding 
of  the  case. 

15th.  As  will  be  seen  in  Sec.  5,  Art.  IV,  Part  VI, 
authority  may  be  given  to  the  Master  of  another  Lodge 
to  take  the  testimony  of  a  Mason  residing  within  the 
jurisdiction  of  his  Lodge.  In  such  case  the  following 
may  be  a  form  for  such 

Letter  of  Authorization. 

HaU  of Lodge,  No.  — ,  F.  &  A.  M. 

At , , ,  18—, 

To  the  Worshipful  U V , 

Master  of Lodge,  No.  — ,  F.  &  A.  M, 

At ,  County  of .  Cal. 

A  charge  of  unmasonic  conduct  having 

been  preferred  in  this  Lodge  by  Bro.  C D ,  a  Master 

Mason  in  good  standing,  against  Bro.  A B ,  a  mem- 
ber of Lodge,  No.  — ,  at ,  a  copy  of  which  charge, 

with  the  specifications,  is  herewith  transmitted ;  and.  the  testi' 


[  i:5  ] 

mony  of  Bro.  W X — ,  a  member  {or  a  Mason  res^id- 

ing  loithin  the  jurisdiction)  of  your  Lodge,  being  deemed 
important  at  the  trial  of  said  charge,  you  are  hereby  authorized 

and  requested  to  take  the  testimony  of  the  said  Bro.  W 

X upon  such  matters  as  either  the  accuser  or  the  accused, 

or  both,  may  indicate  in  the  paper  (or  papers)  herewith  an- 
nexed, and  to  make  return  thereof  to  me  as  early  as  may  be 
possible. 

Given  at  the  place  and  on  the  day  first  above  written, 
[seal.]      as  witness  my  hand,  the  seal  of  our  Lodge,  and  the 

attestation  of  our  Secretary. 
Attest :  K L ,  Master. 

G : —  H — . — ,  Secretary. 

It  should  not  be  forgotten  that  when  either  party  de- 
sires to  have  testimony  taken  elsewhere  than  before 
the  Commissioners,  notice  thereof  must  be  given  to  the 
other  party. 

16th.  The  testimony  taken  upon  an  authorization, 
such  as  the  foregoing,  should  be  written  out  precisely 
in  the  same  manner,  with  question  and  answer,  as 
though  taken  before  the  Commissioners ;  and,  after 
being  so  written  out  and  signed  by  the  witness,  should 
be  attached  to  and  be  returned  with  the  authorization, 
accompanied  with  the  following 
Certificate. 
I  do  hereby  certify  that  the  foregoing  pages  numbered  from 
—  to  —  inclusive,  contain  the  full,  true  and  perfect  deposition 

of  Bro.  W X ,  taken  by  me  under  and  by  virtue  of 

the  annexed  authorization. 

U V 

Master  of Lodge,  No.  -  -  . 


[14] 

17th.  Should  the  Commissioners,  by  permission  of 
the  Master  for  good  reasons  shown,  ( See  Sec.  7,  Art. 
IV,  Part  VI,)  extend  the  period  of  their  sittings  beyond 
ten  days,  the  fiict  that  such  permission  had  been  given 
and  the  reasons  therefor  should  appear  at  the  proper 
place  or  places  in  the  record. 

18th.  The  testimony  being  all  received,  the  Commis- 
sioners will  proceed  to  deliberate  upon  their  verdict  and 
sentence.  The  Master  and  Secretary  will  both  remain 
with  them,  [See  Sec.  8,  Art  IV,  Part  VI,)  the  first  hav- 
ing no  vote,  but  having  authority  to  decide  any  point  of 
Masonic  law  or  usage  which  may  arise,  and  the  last 
having  only  to  keep  a  full  and  correct  record  of  the 
proceedings.  After  sufficient  consultation  and  delibera- 
tion, a  vote  for  "  guilty ''  or  ^' not  guilty/'  by  ballot, 
(See  Decision  4,  Page^Sl,  Vol.  IV,  Proceedings)  should 
be  taken  upon  each  specification,  and  each  such  vota 
should  be  recorded.  A  majority  of  all  the  Commission- 
ers elected  are  requisite  to  find  a  verdict  of  "  guilty.'' 
(See  decision  above  given.)  Should  the  accused  thus  be 
found  guilty  of  one  or  more  of  the  specifications,  the 
Commissioners  will  proceed  to  vote,  by  ballot,  upon  the 
sentence,  and  a  majority  of  all  the  Commissioners 
elected  will  be  required  to  adjudge  it,  whatsoever  it  may 
be.  (See  decision  above.)  The  vote  will  first  be  upon 
the  question  by  the  Master — "  Shall  the  accused  be  ex- 
pelled?"— and  the  ballots  should  have  written  upon 
them  *'  a3^e  "  or  "  no."  Should  there  not  be  the  requis- 
ite majority  for  expulsion,  the  question  will  next  be — 


[  15  ] 

**  Shall  the  accused  be  suspended  ?  " — and  it  will  be 
decided  in  the  same  manner.  Should  there  not  be  the 
required  majority  for  suspension,  the  last  question  will 
be — *'  Shall  the  accused  be  reprimanded?''— and  it  will 
be  decided  like  the  others.    All  this  should  recorded. 

19th.  The  trial  being  ended  the  Secretary  will,  as 
soon  as  possible,  under  the  supervision  of  the  Commis- 
sioners, make  a  fair  copy  of  the  record  and  finding, 
which  is  to  be  signed  by  all  the  Commissioners  who  acted 
in  the  case,  attested  by  the  Secretary,  and  handed  to 
the  Master ;  and  he,  at  .the  next  stated  meeting  of  the 
Lodge,  in  the  presence  of  its  members  only,  will  an- 
nounce the  finding  and  sentence,  (if  there  be  any  sen- 
tence,) and  direct  the  Secretary  to  record  the  same  as 
the  judgment  of  the  Lodge,  and  to  file  the  record  of  trial 
among  its  archives.  {See  Sec.  8,  Art.  IV,  Part  F/,)  It 
would  be  well  that  this  be  the  last  business  done  at 
such  meeting,  as  visitors  may  then  be  requested  to 
retire  ;  and  the  following  may  be  a  form  for  entry  in  the 
record-book  of  such 

Eecord  of  Finding. 
All  other  business  being  concluded  and  there  being  present 
only  members  of  this  Lodge,  the  Master  presented  the  record 

of  the  trial  of  Bro.  A B ,  by  the  Commissioners 

elected  on  the ,  18—,  and  announced  that  he  had  been 

found  guilty  upon  one  (or  two,  or  all)  of  the  specifications  in 
the  charge  of  unmasonic  conduct  preferred  against  him,  and 
had  been  sentenced  to  expulsion  (or  suspension)  from  all  the 
rights  and  privileges  of  Masonry,  (or  to  reprimand  in  ope7i 


[16] 

Lodge.)  Or,  that  he  had  heen  found  not  guilty  upon  all  the 
specifications  of  the  charge  of  unmasonic  conduct  preferred 
against  him. 

20th.  The  traascript  of  the  record  of  trial,  men- 
tioned in  Sec.  10,  Art.  IV,  Part  VI,  will  be  a  copy  of 
the  proceedings  of  the  Lodge  at  the  election  of  Com- 
missioners, of  the  record  of  proceedings  before  the 
Commissioners,  as  hereinbefore  directed  to  be  kept,  and 
uf  the  announcement  of  the  result  in  the  Lodge,  as 
suggested  in  the  next  preceding  paragraph.  It  should 
be  written  plainly  on  cap  paper,  fastened  at  the  upper 
end,  and  should  be  certified  by  the  Secretary  with  the 
seal  of  the  Lodge. 

*  21st.  It  should  be  remembered  [See  Sec.  10,  Art.  IV, 
Part  VI,)  that  in  all  cases  of  expulsion  or  suspension* 
whether  there  be  an  appeal  or  not,  a  transcript  must  be 
sent  to  the  Grand  Secretary  ;  but  that  in  cases  of  repri- 
mand or  acquittal  such  transcript  is  only  necessary 
when  the  proper  notice  of  appeal  has  been  given  ;  and  it 
should  not  be  overlooked  that  the  law  requires  such 
transcripts  to  be  sent  immediately  after  the  trial. 


